HA 59/92 - Standards for Highways€¦ · HA 59/92 Incorporating Amendment No. 1 dated February 1997 Mitigating Against Effects on Badgers DESIGN MANUAL FOR ROADS AND BRIDGES THE

February 2001

DESIGN MANUAL FOR ROADS AND BRIDGES

VOLUME 10 ENVIRONMENTALDESIGN ANDMANAGEMENT

SECTION 4 NATURE CONSERVATION

PART 2

HA 59/92

MITIGATING AGAINST EFFECTS ONBADGERS

SUMMARY

This Advice Note provides details of the effects ofroads on Badgers.

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HA 59/92Incorporating AmendmentNo. 1 dated February 1997

Mitigating Against Effectson Badgers


THE HIGHWAYS AGENCY

THE SCOTTISH EXECUTIVE DEVELOPMENTDEPARTMENT

THE NATIONAL ASSEMBLY FOR WALESCYNULLIAD CENEDLAETHOL CYMRU

THE DEPARTMENT FOR REGIONAL DEVELOPMENT*

Summary: This amendment includes revisions to Chapter 5.3.

* A Government Department in Northern Ireland

Volume 10 Section 1Part 5 HA 59/92 Amendment to Chapter 5.3

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Registration of AmendmentsVolume 10 Section 1

Part 5 HA 59/92

February 1997

VOLUME 10 ENVIRONMENTALDESIGN

SECTION 1 THE GOOD ROADSGUIDE - NEW ROADS

PART 5

HA 59/92

AMENDMENT TO CHAPTER 5.3

MITIGATING AGAINST EFFECTS ONBADGERS

Contents

Chapter

1. Introduction

2. Key Issues

3. Protection Status

4. General Characteristics

5. Habitat

6. Mortality

7. Badger Surveys

8. Possible Effects on Badgers

9. Mitigation Measures

10. Sett Destruction and Badger Relocation

11. Disruption During Construction

12. Badgers and Maintenance Operations

13. Existing Roads

14. Contract Implementation

15. Acknowledgements





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16. Enquiries

Annex A - Summary of Legislation

Annex B - Specimen Letters to English Nature

Annex C - Drawings

Annex D - Illustrations

Annex E - References

Annex F - Useful Addresses

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1. INTRODUCTION

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1.1 The badger (Meles meles) is one of the mostprotected species in the UK. Although this protection ismainly concerned with welfare and the prevention ofcruelty, road deaths are one of the major causes ofbadger mortality. New or improved road schemes couldadversely affect the long term viability of the species inparticular areas, although as yet there is no indicationthat numbers nationally are at risk.

1.2 The general principles for mitigation describedhere may also be applied to other mammals, some ofwhich have a higher priority in nature conservationterms, but may not necessarily be afforded the samelevel of protection. For each of these species differentdesign criteria will need to be applied and advice ineach instance should be sought from the appropriatestatutory body on the measures to be taken.

1.3 Basic methods of mitigation and generalprinciples can be applied to every situation involvingbadgers, but the implementation of protection must bespecific to individual road schemes and tailored to suitthe local conditions.

1.4 Badger mitigation is not solely concerned withthe welfare of badgers. Whilst there is no recordedevidence that collision with badgers is a major cause ofroad traffic accidents, if free to wander across roadsthey may nevertheless pose considerable risk to roadusers.

1.5 It should be noted that all references to 'the(relevant) statutory bodies' apply equally to EnglishNature (EN), the Countryside Council for Wales(CCW), Scottish Natural Heritage (SNH) and theNorthern Ireland Environmental Service: Countrysideand Wildlife (ES:CW) unless otherwise stated.

Chapter 1Introduction




2. KEY ISSUES

• Competent assessment work is critical to thesuccess of badger mitigation.

• Taking account of badgers early in the designprocess will enable alignments which avoidbadger setts to be chosen. This will avoid the needfor complex sett evacuation and relocationexercises during the construction phase.

• No fencing will be totally badger-proof. Goodimplementation is essential to success. Any weakspot in fencing will be utilised and negate theefficacy of other measures.

• Fencing must be properly maintained to ensurelong term efficacy.

• Badgers do not recognise scheme boundaries.

• Artificial setts and translocation are not easyoptions. Other solutions should be exhaustedbefore these methods are utilised.

• All badger work should be undertaken orsupervised by persons with suitable expertise.

• All badger work should be in place and completebefore a new scheme is open to traffic.

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Chapter 2Key Issues




3.1 Badgers and their habitat are afforded protectionon the domestic level through the Protection of BadgersAct 1992. They are also included on Schedule 6 of theWildlife and Countryside Act 1981, and Appendix III ofthe Bern Convention. There is no separate Badger Actin Northern Ireland, but the badger is included onSchedules 5, 6 and 7 of the Wildlife (Northern Ireland)Order 1985. A brief description of this legislation isgiven in Annex A to this chapter. It must be stressedthat these descriptions are summaries only. The Actsthemselves should always be referred to for the exactwording.

3.2 Although the Crown is not bound by theprovisions of these Acts, and work authorised byenabling legislation is therefore not subject to thelicensing procedures, Overseeing Departments do havea duty of care to act within the spirit of the legislationas far as possible. This means that English Nature (orthe equivalent statutory body) must be consultedand their agreement sought before any action istaken which, under normal circumstances, would besubject to a licence. Example letters to be used for thispurpose are included in Annex B to this chapter. Theremay also be instances where referral for licences shouldbe made to the Ministry of Agriculture Fisheries andFood (see 13).

3. PROTECTION STATUS

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Chapter 3Protection Status




Numbers and Distribution

4.1 Badgers are generally common and widespreadthroughout the British Isles. Recent surveys estimatethat there are around 250,000 adult badgers in mainlandBritain and that the population has appeared to remainstable over the past few years, although local variationshave occurred. Distribution is not uniform. They areless common in upland areas, East Anglia and NorthernEngland, and least common in central and westernScotland. In some areas there is an abundance ofbadgers, notably South and South West England andSouth Wales. The overall mean national density is 1.08badgers/Km2 although in some areas far higherdensities have been recorded: 20 badgers/km2 in theCotswold escarpment.

4.2 In Ireland, comparable numbers occur to those inmainland Britain. Distribution is generally eventhroughout the Republic and the North, averagingaround 3.62 badgers/km2 with the greatest densityfound in County Down.

Social Behaviour and Reproduction

4.3 Most badgers live in social groups consisting onaverage of around 5 to 6 adults. In areas where badgersare rare, pairs or single badgers may be encountered.Most social groups produce only one litter of young peryear; some produce none; while larger groups mayproduce 2 or 3. Badgers therefore do not breed rapidlyand a local increase in mortality can adversely affectpopulations in both the short and longer term.

4.4 Litter size is variable, but the average is 2.9 cubs.It is estimated that on average 175,000 cubs are born inBritain each year, with around 40% surviving toadulthood.

4.5 Equal numbers of male and female cubs areusually produced, but male mortality is generally higherresulting in greater numbers of females in the adultpopulation (see 6). Mating can occur throughout theyear, with peak activity during the spring, but due to aprocess called 'delayed implantation' litters are notproduced until the following year. The peak period forbirth is February but cubs can be born betweenDecember and July. The majority of cubs are born byearly April.

4. GENERAL CHARACTERISTICS

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Chapter 4General Characteristics


Chapter 5Habitat

5.1 Badgers live in underground complexes made uof tunnels and chambers known as setts. Each socialgroup will have its own territory, within which there mabe several setts which vary in both status and usage. different types of sett may be summarised as follows(not all territories will contain an example of each ofthese sett types).

Main Setts

5.2 Each territory will usually contain one main settThis will be the largest and most often inhabitedstructure normally used for breeding. Most main settsare easily identifiable by the presence of several hole(3 - 10 on average) and large spoil heaps. Wellestablished paths will usually be in evidence both toand from the sett and between the different holes. Thsize of the main sett is extremely variable and it canoften be of quite considerable age.

Annexe Setts

5.3 These are always found close to the main sett,usually less than 150m away, and are connected to itone or more well established and obvious paths. Thegenerally consist of several holes, but are notnecessarily in use all of the time, even if the main setvery active. They will generally be inhabited if the masett has suffered from subsidence or interference. Thmay also be utilised by sows during the breeding seaif more than one sow within a group is producing alitter.

5.4 Where a group is large, annexe setts may alsooccupied by units of the group which have left the masett, but occupy the same territory. Annexe setts are found within every territory, but are common in areas high badger density.

Subsidiary Setts

5.5 These will often have only a few holes and areusually at least 50m from a main sett. There will oftenbe no obvious path connecting to another sett and theare not continuously active.

Outlying Setts

5.6 These are small structures usually having onlyone or two holes. There is often little spoil outside theholes, no obvious path connecting them with another

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sett, and they are used only sporadically, mainly as'resting up' refuges. They will often be inhabited byfoxes and/or rabbits when not used by badgers, but canstill be recognised as badger setts by the shape of thetunnel which will usually be at least 250mm in diameterand rounded or flattened oval in shape.

Territory

5.7 Badger territory size ranges from about 25 - 150hectares with an average of around 60 hectares. Sizewill, to a degree, depend on available food sources andbadger density in the region. In areas where badgers arecommon, smaller territories will be the norm.Territories are often generally distinct with little overlapbetween neighbouring territories, except in urbansituations or where badgers are at low density andmarkedly less territorial. However, as a general rule it isestimated that territories will seldom extend beyond a1km radius from the main sett.

5.8 Each territory will usually comprise a number ofdifferent habitat types which will provide different foodsources at different times of the year. The preferred dietis earthworms and the most productive foraging habitatis short grassland. Because of the seasonal variations interritorial marking, the timing of badger surveys toestablish territorial boundaries is crucial to theaccurate and reliable delineation of these boundaries,and so to the determination of the likely effect of aroad development (see DMRB 11.3.4, Chapter 7).

5.9 Each territory will be criss-crossed with a seriesof pathways which link different setts together, provideaccess to foraging areas, and can mark the boundariesof the territory. There may also be a boundary pathrunning round the perimeter of the territory. Where aterritory is undisturbed over several generations, thesepaths will be constantly maintained. Even where aterritory has been disturbed, it is generally accepted thatbadgers will try to utilise these pathways despite anyobstacles that have been introduced or other dangersthat may be present. When startled or threatened, abadger will follow a path to the nearest availablerefuge, even if this means a longer journey than a directcross-country route.

5.10 Historically, badger paths may have developedfrom pre-existing linear features within territories, eghedgerows, and it is therefore not unusual for boundary

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Chapter 5Habitat

paths to run alongside roads. Indeed the roadside canprovide valuable foraging areas.

Dungpits

5.11 These are specially dug holes about 150mm b150mm by 150mm deep in which badgers leave theirrather loose droppings. Each pit is used more than oand is not backfilled with soil but left open as anodorous noticeboard generally to indicate to badgersfrom a neighbouring social group that they havereached a territorial boundary. Dung pits are oftenclustered together to form a 'latrine'. Although these afound most frequently on the territorial boundaries, thealso occur near good feeding sites and close to setts.



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6.1 Adult badgers have no natural predators inBritain. Although the UK badger population can bedescribed as 'approximately' stable, there is evidence thatin certain areas numbers have declined through acombination of habitat change and loss, illegalpersecution and road traffic mortality (see 8). Currentestimates are that around 50,000 badgers are killed eachyear on the UK road network. In addition, for everylactating sow killed there may be further mortalities ofdependent cubs underground. Similar casualty rateshave also been estimated across Europe, and it is likelyfrom comparison with data from other European statesthat road traffic mortality may be important at both thelocal and metapopulation level in determining badgerpopulation viabilities in areas where badgers are atmoderate to low density.

6.2 Seasonal patterns of road mortality have alsobeen identified, with peaks in casualties occurring as aresult of variations in badger activity, during spring,mid-summer and autumn. The most obvious peak -during spring - is due to a general increase in activityand range expansion by sexually active males.

6.3 The majority of badger road casualties obviouslyoccur on the older road network. Unprotected newroads (especially widened existing roads) which severbadger territories can however be devastating to a socialgroup. By implementing sound mitigation measureson new and improved roads, these should be safer forbadgers than the majority of the existing network.

6. MORTALITY

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Chapter 6Mortality


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Chapter 7Badger Surveys

7.1 Where a new or improved trunk road ormotorway is likely to affect badgers, survey work shobe undertaken in accordance with the advice given inDMRB Volume 11: Environmental Assessment. It isessential that the Stage 2 and 3 assessments (see DVolume 11, Section 2, Part 1, Chapter 2; and SectionPart 4, Chapter 7) are undertaken by people withsufficient relevant expertise in badger issues. The locWildlife Trust or Badger Group will often be able toprovide up to date data on badger territories, settlocations and badger road casualties. Alternatively, thMammal Society have records of most identified badgsetts. Useful contact addresses are given at Annex F

7.2 The land-take of most new roads is unlikely toconstitute a significant proportion of any one badgergroup’s territory. The most important potential impacinvolve fragmentation of their territories and direct loof setts. Surveys as part of the environmentalassessment process should therefore focus on theseissues, highlighting in particular where setts may beaffected and where badgers are likely to cross the neroad.

7.3 A corridor of approximately 500m (ie 250meither side of the centreline of the road) is usuallysufficient, widened to 1km as necessary to locatenearby setts or other features of importance. The stand activity of each sett within the corridor should beassessed along with the most well-used badger pathwhich cross the route line.

7.4 It is occasionally necessary to widen the survearea considerably in order to properly determine thestatus of setts (by locating other neighbouring setts).This should be done at a later stage, when it has beeconfirmed that the sett in question would be affectedconstruction. It may also be necessary to undertakebait-marking exercise at this stage, and also todetermine the status and 'ownership' of setts that wobe directly affected. A more extensive bait-markingsurvey, to delineate territory boundaries, is rarelynecessary for a road development.

7.5 The technique of bait-marking involves feedingbadgers with bait laced with plastic pellets which areindigestible but harmless, and relies on the badgers’characteristic behaviour in marking their territoryboundaries with dung-pits. Bait-marking to determine

7. BADGER SURVEYS

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territory boundaries is usually only effective betweenmid February and late April, and mid September andearly October; the times when badgers increase theirmarking activity. Badgers also use dung-pits close totheir setts, and these are used more regularly. Setts mbe difficult to detect in the summer months due tovegetation cover. Surveys are therefore best carried oduring early spring or autumn.

7.6 The line of the new road, other areas such ascontractors' compounds, etc and, in particular, thosesetts that would be affected during construction, shoube re-surveyed immediately prior to construction toupdate the original survey and adjust the proposedmitigation as necessary.

7.7 Specialist badger reports produced as part of thenvironmental assessment should not be made publicavailable in a form that would allow sett locations to bidentified. Requests for such information should not bmet, except where the request originates from a persoor organisation with a legitimate interest in badgers.

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Chapter 8Possible Effects on Badgers

8. POSSIBLE EFFECTS ON BADGERS

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8.1 The construction and use of roads can affectbadgers in several ways. A sett may lie in the way ofconstruction, the road may cause severance of thebadger territory, or construction work may causedisturbance to badgers in the vicinity of the works. In allcases mitigation strategies should be developed thatare specific to the individual circumstances andpreferably developed by a recognised badgerconsultant.

Severance

8.2 Where the line of a new or improved road crosssome part of a badger territory, it is inevitable thatbadgers will attempt to cross the surface of the road. these circumstances it is essential that the badgers ardeterred from crossing at uncontrolled points and aresteered towards suitable crossing points (see 9).

8.3 Allowing severance by using fencing solely as aexclusion method serves no useful purpose either froman animal welfare or conservation viewpoint.Disruption of a badger territory - even the loss of asmall proportion - may cause disproportional disruptioto the group directly affected.

8.4 Badgers are aggressive animals and males inparticular will tend to fight with badgers from othergroups (especially other males) which enter theirterritory. Genetic variance is achieved by cuckoldry(males mating with females from adjacent groups) annatural dispersion. There is no evidence that forcing asocial group to integrate with adjacent groups throughthe deliberate severance of part of their territory can bbeneficial in this way.

8.5 In some cases, where on-line widening is thepreferred option, the existing road may already form tboundary of a badger territory. It is therefore unlikelythat badgers will attempt to cross the improved road bthey may attempt to gain access to the verge. Howevethe embankments of many roads are marked byaggregations of dung pits which often give theappearance of territorial boundaries. In practice thougthe same group of badgers will often use both sides othe road.


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Sett Loss

8.6 By identifying badger setts at the earliest stages oscheme design, an alignment can be chosen to avoiddirect sett loss. However, where other constraints alsohave to be considered, road construction mayunavoidably involve the direct loss of one or more ofthe different sett types described above. The mitigationstrategy to be adopted will vary in each individualcircumstance, depending on such factors as type andnumber of setts to be lost, size of the territory affected,and size of the clan. In all cases where the sett isoccupied or shows signs of current use, themethodology for evacuation and mitigation must beagreed with English Nature (or equivalent).

Other Effects

8.7 Whilst not directly affecting a sett, the process ofconstruction of the road can nevertheless causedisruption to badgers, as can maintenance operationsonce the road is open to traffic (see 11 and 12,respectively).

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Chapter 9Mitigation Measures

9. MITIGATION MEASURES

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Fencing, Tunnels, Underpasses and Overbridges

9.1 The only proven method for deterring badgersfrom crossing a road is the use of badger fencing,although it must be stressed that no fencing suitable highway use can truly be described as badger proof.Fencing will only be effective as a deterrent if it isused to direct badgers to a suitable crossing point. Inthe past, a variety of fencing specifications have beenused on road schemes often with little success: 'chickwire' and lightweight stock netting can easily be dugunder and can be physically broken by badgers, andrectangular mesh stockproof fencing can be climbed badgers, which they will do if there is no suitablecrossing point near.

9.2 Experience has shown that the most effectivespecification is for chain link or welded mesh fencingattached to wooden post and rail fences using heavy dstaples. As a minimum standard, this should be at lea1m high above ground with a lower section of 600mmburied below ground; 300mm down into the soil and afurther 300mm turned away from the fence in thedirection from which badgers will approach. Where thefencing is to be placed on undulating ground, or whereis not possible to provide crossing points close to pre-existing pathways, it may be necessary to providefencing buried to depths of up to 500mm with an equalength turned outwards (see Annex C).

9.3 Any gap or potential weak spot in the fencingmay negate the entire package of protective measureFor this reason it is of particular importance that wherthe fencing crosses difficult features - for exampleundulating ground or streams - it is installed under thesupervision of a suitably experienced person. Gapsmust be avoided where the fencing abuts other featursuch as hedgebanks, footbridges, gates or stiles.

9.4 Similarly, problems have arisen in the past ontrunk road schemes where it has not been possible toprovide the full required length of fencing becauselandowners have been unwilling to allow badger nettito be included as part of accommodation works, or hafailed to properly maintain this aspect of theaccommodation works. Where this has happened theremaining lengths of badger fencing have provedinadequate. If it has been decided that badger fencing(or other specialised wildlife fencing) should beprovided, then ownership of the badger fencing, and


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maintenance responsibility, should remain with thehighway authority promoting the scheme.

9.5 On trunk roads, the fenceline will normally markthe land ownership boundary. If netting is attached andturned out under the ground, it will obviously encroachonto adjacent land. Many landowners may be willing toallow this encroachment, and it is worth seeking theirapproval to this course of action. Where permission isnot given, the fenceline should be installed within thehighway boundary a sufficient distance to allow theturned netting to remain on highway land. Adjacentlandowners should be informed that the fenceline doesnot mark the extent of land ownership.

9.6 Underpasses suitable for badgers have beendeveloped over a number of years, and if correctly siteon or near to an existing badger path, are proven to beeffective. Studies have also shown that badgers arefairly adaptable and will readily utilise a variety ofdifferent crossing structures including overbridges,culverts, agricultural bridges, and underpasses,provided that they are forced/encouraged to do sothrough the use of appropriate fencing. However,crossings that are heavily used by pedestrians areunlikely to be used because of human scent.

9.7 Where specialised tunnels are to be used, theseshould be constructed of Class M 600mm diameterconcrete pipes - widened at the entrances if possible.Where headwalls are required, the precise design willnot alter the effectiveness of the tunnel. Crossings willbe more readily used if the approaches are 'softened'through the use of appropriate planting. Badgers mayalso be encouraged to use new tunnels by laying syrupor peanuts at the tunnel entrance or by laying scenttrails using bedding or dung produced by the relevantsocial group.

9.8 In some (if not most) cases, crossings will beneeded for more than one species. It is sensible to adoan integrated approach under these circumstances. Foexample, it is possible to combine the needs of badgerand amphibians. A culvert can be adapted to provide adry run and in certain circumstances the provision of aClass H 1050mm diameter concrete pipe may beappropriate. The use of plastic pipes is notrecommended although in some cases plastic culvertsover natural ground may be an effective alternative toconcrete pipes.

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9.9 In the past, the provision of underpasses underroads in cuttings has been rejected as an expensive anddifficult solution. Where the length of road in cutting isrelatively short, and a suitable crossing point can beprovided at the end of the cutting, rejection of anunderpass under the cutting may not be critical.However, where extensive lengths of cutting areencountered (and a badger would need to make a detourin excess of 500m to cross the road), the resultingseverance could be severely detrimental to the longterm survival of the social group concerned. Viableoptions are now available which involve siting thetunnel at the highest point of the cutting and the bestdesign to allow through passage of air. To avoidproblems of interference with highway drainagesystems, advice should always be sought from adrainage engineer on the design of the badger tunnel.In all cases a design solution should be adopted thatwill prevent the tunnel from becoming waterlogged.

9.10 Diagrammatic specifications for tunnels, fencing,etc are given in Annex C. Illustrative examples of goodand bad practice are given in Annex D.

Siting and Arrangement of Measures

9.11 Siting of badger crossings is crucial to theirsuccess. It is obviously preferable if a crossing can besited on or as near as possible to the site of the originalbadger path. Where several badger paths cross the lineof a new road, it may not be possible to provide acrossing point for each path. The number provided will,to an extent, depend upon the size of the territory,amount and nature of the territory severed, and the sizeof the resident social group. As a general rule, it isrecommended that at least two crossings are providedper social group. Where it is necessary to site theseaway from an existing path, every effort should bemade to minimise the length of detour required,preferably to no more than 250m (see Figures 9.4 and9.5).

9.12 Badger fencing is required at either side of thecrossing point (preferably to a distance of 500m eachside) and on both sides of the road. If usedasymmetrically, badger fencing can have a negativeeffect in forcing badgers on the wrong side of thefencing back onto the carriageway. Substantially shorterlengths of badger fencing at each side of tunnelentrances may be acceptable if the tunnel is located onthe exact line of the pre-existing badger path, and thefencing is arranged in the manner described in Figures9.1 and 9.2 (see also Annex D).

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FENCE LINE

FENCE LINE

ROAD SURFACE

Tunnel entrances in recess along fenceline. badgers are guided to them.

BADGER PATH

FENCE LINE

FENCE LINE

ROAD SURFACE

Tunnel entrances lie flush to fenceline. May be missed by badgers.

Figure 9.1

Tunnel entrances lie flush to fenceline.May be missed by badgers.

Tunnel entrances in recess along fenceline.Badgers are guided to them.

Figure 9.2

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Existing road does not directly affect badgerterritory but new road will. Fencing new road to

scheme limit ineffective as badgers will simply walkaround the end of the fenceline. Fencing must

continue along line of existing road to prevent this.

Existing road does not directly affect badger territory but new road will. Fencing new road toscheme limit ineffective as badgers will simply walk around the end of the fenceline. Fencingmust continue along line of existing road to prevent this.

BADGER PATH

EXISTING ROAD

SCHEME BOUNDARY

NEW ROAD LINE

FENCING REQUIRED

9.13 Fencing perpendicular to the crossing point wiinevitably be ineffective unless the crossing is sitedexactly on the badger path. The fencing must be usguide badgers to the crossing, which means that itshould provide an angled approach or form a recessleading up to the crossing. The exact angle of approis not critical, but where a recess is formed this shounot be so deep and narrow that badgers can pass itwithout realising it is there. Similarly, it is useless toprovide a tunnel if this emerges into a field at somedistance from the fenceline, as the badgers will simpnot associate it with a means of crossing the road. (photographs at Annex D.)

9.14 It must be remembered that badgers do notrecognise scheme boundaries, and that in some casmay be necessary to provide fencing which extendsbeyond the scheme limits, particularly where anexisting badger path is close to the extremties of ascheme. Fencing the entire length of the scheme mprove totally ineffective if the badgers can access thcarriageway by moving a short distance onto anadjacent stretch of road (see Figure 9.3).

Figure 9.3

BADGER PATH

EXISTING ROAD

NEW ROAD LINE

FENCING REQUIRED

SCHEMEBOUNDARY



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Badger Gates

9.15 Badger gates have been used in a variety of wayas part of badger mitigation strategies. Their use is notalways successful. There is no evidence that one-waybadger gates can be used in lengths of fencing toprovide escape routes for badgers caught on the wrongside of the fence. Badgers will either not know that thegate exists or through persistence by badgers or decayof the gate they can soon become two-way gates thusproducing a 'weak spot' in the badger fencing, allowingaccess onto the road.

Gates at Tunnel Entrances

9.16 It can be difficult to persuade badgers to usetunnels, and gates at tunnel entrances may act as afurther disincentive, so they should be omittedwherever possible. Badger gates are not something thabadgers recognise as a facility designed just for themand are rarely useful except where badgers are beingexcluded from setts. Faced with an apparently solidwooden obstacle, they will often try to penetrate thewire mesh of the fence on either side rather than utilisethe gate itself. A design with a mesh window (seedrawing at Annex C) is the preferred option where agate is considered essential. It is worth noting thatlivestock does not normally penetrate stockprooffencing by using natural badger routeways. It may bebetter, therefore, to try to replicate typical badger runsat the tunnel entrances instead of using gates.

Access Gates in Badger Fencing

9.17 Where it is necessary to provide an access gate a length of badger fencing, care should be taken toensure that a weak spot is not created. It is obviouslynot possible to bury and turn netting attached to thegate, and to prevent badgers from digging under at thispoint, a 4 inch concrete sill should be provided betweenthe gate posts. Chain link fencing should be attached toeach side of the gate to ensure no gap exists at groundlevel (see illustrations at Annex D). Similar principlesapply to any feature along the line of fencing whichmay create a 'weak spot', eg inspection chambers fordrainage, stiles, etc.

Reflectors

9.18 Wildlife reflectors have been widely usedthroughout the UK, Europe and the United States ofAmerica as a means of preventing road accidentsinvolving deer. To date, their use as a deterrent forbadgers remains unproven. As a result, they should notbe relied upon as an alternative to the provision offencing and tunnels.


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BADGERTERRITORY

NEW ROAD LINE

Road runs along/just clips badger territory. Fencing is still required but crossing points arenot essential.

FENCINGREQUIRED

Figure 9.4

Figure 9.5

Ideally tunnels should be provided at every well used badger path that is severed by theroad (points A, B, C and D).

Where this is not possible at least two crossing points should be provided at locations thatdo not require excessive detours by badgers (points C and E for example).

BADGER PATHS

NEWROADLINE

200m

250m

150m

Road runs along/just clips badger territory.Fencing is still required but crossing points are not essential.

Ideally tunnels should be provided at every well used badger path that is severed by the road(points A, B, C and D).

Where this is not possible, at least two crossing points should be providedat locations that do not require excessive detours by badgers (points C and E, for example).

>

FENCINGREQUIRED

TUNNELS

AE

B

C

D

300m

200m

250m

250m

( A E )



9/4


Chapter 10Sett Destruction and Badger Relocation

10. SETT DESTRUCTION AND BADGER RELOCATION

g

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10.1 Although it is preferable to choose a routealignment which avoids direct loss of a sett, instanceswill occur where a badger sett lies on the route of aproposed road scheme. Unless a sett can be provedhave collapsed or fallen into disrepair through naturacauses, or that it has remained unoccupied by badgefor a period of twelve months, it should be assumed tit is in current use (see Annex A).

10.2 In all cases where a sett needs to be destroyedadvice should be sought from English Nature (orequivalent), and the methodology for eviction prior tothe works must be agreed with them (see 3.2).

10.3 Badger use of some of the setts within theirterritory is usually seasonal (see 5), and where theassessment work has been completed some time bethe proposed works it will be necessary to update thesurvey work to establish occupation of a sett. This wiensure that badgers who have taken up residence inpreviously disused sett are not harmed and also avoiabortive costs where a previously occupied sett hasfallen into disuse. It may also be necessary, where amain sett is affected, to determine the size and extenthe sett. There is no proven methodology at present doing this, although some success has been reportedusing soil resistivity techniques developed forarchaeological investigations. New ground probingradar techniques have also been used with some sucby ADAS.

10.4 Before any exclusion work takes place, it isimportant that sufficient alternative shelter is availablto badgers within their existing territory. For exampleif a main sett is to be destroyed there needs to be onmore suitable annexe setts or large subsidiariesavailable that are sufficiently remote from the roadscheme. Consideration should be given to possibleseasonal effects, eg waterlogging, before it is assumthat such alternatives are viable.

10.5 Where no sufficient alternative shelter isavailable, it may be necessary to construct an artificisett in a suitable safe location (see 10.12). If this isnecessary, the artificial sett should be constructed,wherever possible, a minimum of six months prior toexclusion from the main sett to allow badgers time tobecome aware of its existence.


PAPER COPIES OF THIS ELECTRONI

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10.6 Occupation of any alternative sett can beencouraged by providing suitable bedding at theentrances and supplementary feeding at the site.

10.7 The exclusion methods to be used will in eachinstance be particular to the circumstances of the sett.Exclusion is best achieved by a combination of electricfencing and badger gates, with the fence erectedcarefully around the sett to ensure no gaps and thebadger gates positioned on every well-used path leadinto and from the sett area. The gates should be keptopen, then allowed to swing freely, then set in a one-way position to effect exclusion. Activity at the settshould be carefully monitored and an appropriateperiod must have elapsed during which no badgersemerge from the sett (this will vary with the season andsite-specific considerations) before it is consideredempty. Under certain circumstances, eg where thetopography is particularly problematic or humaninterference is likely, gates over the entrance holesthemselves or a permanent exclusion fence may be theonly options. However, in each case the basic processof exclusion is the same.

10.8 The use of chemical repellents of any descriptionis no longer an approved method of exclusion and maybe illegal under the Control of Pesticides Regulations1986. Any proposals to solely utilise these methodsshould be rejected. Renardine may be used as arepellent to reduce the use of sett entrances, but only aa back-up to reinforce the effectiveness of otherexclusion methods.

10.9 Once it is known that all badgers have beenexcluded from a sett and the appropriate time periodhas elapsed, a sett may be destroyed. A suitable exper(ie an individual to whom a licence would be issued)must be present for this operation. Great care must betaken when destroying a sett in case any badgers haveremained undetected.

10.10 There are limits to what may be safely achieved,particularly on steeply sloping ground or where a sett isconstructed on several levels. In extensive setts it israrely possible to destroy the deepest parts, but bymaking the top layer (to a depth of around 2 metres) tooloose to support a tunnel system, if re-excavated bybadgers in the short term, then, once all entrances havebeen dealt with, the sett can be declared effectivelydestroyed.

USE OUTSIDE THE AGENCY.C DOCUMENT ARE UNCONTROLLED

10/1


Chapter 10Sett Destruction and Badger Re-location

10.11 While sett destruction can only be carried outbetween 1 July and 1 December (in exceptionalcircumstances, English Nature or equivalent may relaxthis rule), every effort should be made to beginengineering work as soon as possible thereafter toprevent badgers attempting to re-occupy the sett.

Artificial Setts

10.12 Building artificial setts is not an easy solution tobe adopted every time a badger sett needs to bedestroyed. Landowners may be unwilling to allowconstruction of an artificial sett on their land and it willusually be difficult to justify the Compulsory Purchaseof one particular plot of land for this purpose. Their useshould therefore be the exception rather than the rule.Artificial setts should also not be considered to bepermanent features. It is far more likely that their usewill be temporary and that the badgers will find asuitable site within the territory where they willexcavate their own sett. Exceptional situations, whereartificial setts have continued to be used as main settsseveral years after their provision, have however beenrecorded.

10.13 Therefore in most, but not every, situationsimple artificial setts are to be preferred to moreexpensive and complex structures, which may onlyhave a very limited use. Advice on artificial setts isavailable in the publication 'The Guide to ArtificialBadger Setts' available from the National Federation ofBadger Groups (see Annex E and F).

Translocation

10.14 For many species affected by road development,translocation can often be used as an effective methodof mitigation. With badgers however, translocation is anextremely expensive and time consuming operationwith only a limited chance of success. Badgertranslocation should therefore only be considered as alast resort where no alternative setts are available and itis not possible to provide an artificial sett.

10.15 Advice from, and the agreement of, EnglishNature or equivalent must be sought before anytranslocation is attempted. Clearance from MAFF mustalso be sought to ensure that there is no risk ofspreading Bovine TB.



10/2


Chapter 11Disruption During Construction

11. DISRUPTION DURING CONSTRUCTION

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11.1 The physical presence of a road and its use cahave long-lasting effects on local badger populations.But the construction or improvement of the road itselfcan also have substantial effects on badgers if nomitigation measures are taken. Noise, dust, lighting fonight working, equipment or spoil blocking settentrances and/or pathways, excavation work, and thepresence of large numbers of human beings can all an impact.

11.2 Wherever possible, site compounds should belocated away from badger setts or badger paths. Wha scheme has been constructed in stages, each subseparate contracts, it is essential that contractors aremade aware of mitigation measures installed on theprevious contracts so that disruption/damage to themcan be avoided. For example, it is senseless to instatunnels on one section of road if, during constructionthe next section, access to this tunnel is blocked byfencing or stored materials. Under these circumstancit is likely that the badgers will be dissuaded from usthe tunnel in the longer term.

11.3 For similar reasons, the siting of on-site and osite borrow pits, surplus soil tips, and other storageareas should be carefully considered so as to avoidprime foraging areas. Many road verges can beimportant foraging areas - particularly so where a sogroup has a small territory.

11.4 Badger survey work, when undertaken by acompetent person, should identify all setts likely to baffected by construction. But, on occasions, an activsett may be discovered during the course ofconstruction. If a suspected badger sett is discovereadvice should be sought immediately from a suitablyexperienced person on whether it is indeed a badgesett, and if so, whether it is occupied.

11.5 If a sett is found to be occupied, English Naturor equivalent should be informed and asked to agreea 'Sett Evacuation Plan' as a matter of priority (see 3If this happens between 1 December and 30 June itmay be necessary to wait until 1 July beforeundertaking this course of action. In the meantime,the Contractors should be issued with a variation to contract to preclude any activity which would causedamage or disturbance to the sett. It would usually bnecessary to erect suitable fencing around excluded



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have

ereject to

areas to emphasise the importance of this. (Plastic tapshould not be used since the noise made in windyconditions can be disturbing to badgers). It should bemade clear to contractors that, following the issue of ainstruction to avoid damage to a sett, any actioncontravening this instruction would be illegal and thatthe incident will be reported to the Police.

11.6 To ensure that accidents do not occur to setts, iis important that there is a transfer of informationbetween construction personnel at all levels.

SE OUTSIDE THE AGENCY. DOCUMENT ARE UNCONTROLLED

11/1


Chapter 12Badgers and Maintenance Operations

12. BADGERS AND MAINTENANCE OPERATIONS

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12.1 Under the terms of the Badgers Act 1992, EngliNature consider that:

• all work (above and below ground) within 10mof a sett entrance, whether involving the use ofmachinery or of hand-held tools requires alicence;

• all work between 10m and 20m from a settentrance will require a licence if heavymachinery or earth moving equipment is to beused, or if the work involves anything other thanthe movement of light occasional traffic withinthat zone;

• beyond 20m, work which involves pile driving,rock boring, dynamic compaction, or the use ofexplosives will be licensable. In some cases thiwill include operations in excess of 100m fromthe sett entrance.

12.2 All sett entrances, whether there is evidence ofuse or not, are included in the determination of thesedistances.

12.3 Where maintenance or management operationon the highway meet any of these criteria, adviceshould be sought from English Nature on the workingpractices to be utilised.

12.4 Where an operation is required for emergencysafety reasons it may not be possible to seek EnglishNature’s view before commencing work. In thesecircumstances, every effort should be made to avoiddirect or prolonged interference with a sett.

Maintenance of Fencing

12.5 For badger protection to remain effective, it isessential that fencing is properly maintained. Regularchecks should be made, especially during the first twyears when badgers will be adjusting to new pathwayand crossing points, to ensure that the fencing has nobeen vandalised or damaged to the extent that badgecan gain access to the carriageway. Where badgercasualties are noticed in previously unaffected areas,thorough check should be made of the fencing in thevicinity.



shMaintenance of Tunnels

12.6 Periodic checks should be made of tunnelentrances, especially in the first two years, to ensurethey are not blocked by debris (or deliberately blocked)and that the entrances do not become waterlogged.


12/1




Badgers as pests

13.1 In rare circumstances badgers may be the causeof structural damage to roads as a result ofundermining. In these circumstances MAFF, who arethe licensing authority, should be informed before anyremedial action is taken.

13.2 The presence of a badger sett on a road vergeshould not, of itself, be assumed to present a risk ofundermining. Several badger setts may be foundalongside existing trunk roads and motorways which donot cause any potential problems. If remedial action isrequired, agreement with MAFF should be sought as tothe methods employed (see 3.2).

13. EXISTING ROADS

13/1

Chapter 13Existing Roads




14/1

14. CONTRACT IMPLEMENTATION

14.1 Ideally, badger mitigation measures should beinstalled by experienced contractors familiar with thiswork. It is essential that badger mitigation is properlyimplemented since any weakness will be exploited bybadgers rendering the whole assembly of measuresworthless. Where specialist contractors are not used,contract supervision by a person with experience ofbadger work is vital.

14.2 Some of the common faults in theimplementation of badger mitigation are: fencing notburied to sufficient depth, fencing not provided to anadequate height, gaps left in fencing, or areasearmarked for fencing not fenced, tunnel entrancesblocked either by badger fencing or other stockprooffencing applied afterwards. It is imperative that themitigation is checked for all of these faults before theroad is open to traffic. It may be necessary to stipulate incontracts that the Certificate of Completion will not beissued until badger measures are in place in asatisfactory manner.

14.3 Similarly, other features implemented on thescheme should also be checked to ensure that they donot interfere with the badger measures. Where tunnelsexit into blocks of tree planting which are enclosed byrabbit fencing to prevent damage to the trees, badgergates should be included in the rabbit fencing (see9.17). Care should be taken to ensure that each badgertunnel entrance is strategically placed (see 9.11) and thatthe passage through the badger gates is obvious. Placingthese on an existing badger path, or at a point where afield boundary crosses the rabbit proof fencing, will helpbadgers to locate the gates and use them as a waythrough the fencing.

The Golden Rule

14.4 ALL BADGER MITIGATION MUST BE INPLACE AND COMPLETED BEFORE THE ROAD ISOPENED TO TRAFFIC.

Chapter 14Contract Implementation




15.1 The following photographs and drawings havebeen used by permission:

Badger Gate Drawing Annex C -courtesy of Dr Penny Cresswell-Lewns, the BadgerConsultancy.

Photographs in Annex D3, D4, D5(a), D6(a), and D7 -courtesy of Paul Skinner, the Chalkhills Badger Group.

Photographs in Annex D5(b), D6(b), and D8 -courtesy of Michelle Vaughan.

15. ACKNOWLEDGEMENTS

15/1

Chapter 15Acknowledgements


February 1997 16/1

16. ENQUIRIES

Approval of this document for publication is given by the undersigned:

Head of DivisionRoad Engineering and Environmental DivisionSt Christopher HouseSouthwark Street N S ORGANLondon SE1 0TE Head of Division

The Deputy Chief EngineerThe Scottish Office Development DepartmentNational Roads DirectorateVictoria Quay J HOWISONEdinburgh EH6 6QQ Deputy Chief Engineer

Head of Roads Engineering (Construction) DivisionWelsh OfficeY Swyddfa GymreigCrown BuildingsCathays Park B H HAWKERCardiff CF1 3NQ Head of Roads Engineering

(Construction) Division

Assistant Technical DirectorDepartment of the Environment forNorthern IrelandRoads ServiceClarence Court10-18 Adelaide Street D O’HAGANBelfast BT2 8GB Assistant Technical Director

Chapter 16Enquiries

All technical enquiries or comments on this document should be sent in writing as appropriate to the above.




ANNEX A

SUMMARY OF LEGISLATION

A/1

Annex ASummary of Legislation

Protection of Badgers Act 1992:

A1 Under this Act it is illegal to:

- wilfully kill, injure or take any badger or attempt to do any of these things;

- cruelly ill-treat badgers, dig for any badger or use badger tongs in the course of killing or takingbadgers or attempting to do so;

- have in your possession any dead badger or any part of one or an object derived from one, if thatbadger was taken in contravention of the Act in operation at the time of death;

- have in your possession or control a living, healthy badger or to sell one or offer one for sale; or

- intentionally or recklessly damage, destroy or obstruct access to any part of a badger sett, to cause adog to enter a sett or to disturb a badger while it is occupying a sett.

Wildlife and Countryside Act 1981:

A2 Schedule 6: Badgers are included in Schedule 6 which lists the animals that are protected under Section 11of the Act. Section 11 outlaws certain methods of taking or killing animals where this is necessary.

Bern convention - Appendix 3:

A3 This requires signatory states to:

- regulate the exploitation of badgers; and

- ban certain means of capturing or killing badgers.

Wildlife (Northern Ireland) Order 1985:

A4 Schedule 5: The badger cannot be intentionally killed, injured or taken. No person can possess or control alive or dead badger or part derived from one. The sett cannot be destroyed, damaged or have the access bybadgers obstructed. It is also an offence to damage or destroy anything which conceals or protects a badgersett or to disturb a badger while it is occupying one.

A5 Schedule 6: It is an offence to place any of the items listed in the schedule where they are calculated, ielikely, to cause bodily injury to a badger.

A6 Schedule 7: It is an offence to sell, offer or expose for sale, or publish an advertisement regarding the saleof, a badger either dead or alive.




ANNEX B

SPECIMEN LETTERS TO ENGLISH NATURE

B/1

Annex BSpecimen Letters to English Nature

I. Destruction of a Sett

B1 As you may know the [Insert name of authority eg Secretary of State for Transport] has developed proposalsfor a trunk road improvement/construction scheme between [Insert name of scheme or specific reference].This work is essential because [Describe reasons for the improvement/construction].

B2 The badger survey that was undertaken as part of the environmental assessment of this scheme has shownthat implementation of this project will lead to the destruction of a badger sett at [Insert location of sett]. Inorder to effectively mitigate any disruption that will be caused by these necessary works, we will beemploying [Insert name of consultant/contractor] to carry out any necessary work. The methodology that wepropose to use is outlined in the attached annex [to be prepared by consultant]. Subject to any views you

may have, this work is programmed to start on [Add date].

B3 We should be grateful for your agreement that it would be acceptable to proceed on this basis, and we wouldappreciate any comments on the methodology or any additional advice that you can offer us.

II. Maintenance Work

B4 I am writing to inform you that the [Insert authority] will be carrying out essential maintenance work alongthe [Insert name of road or other appropriate description]. We are aware that there is a badger sett situatedsome x metres from the road and consequently the works may cause some disruption to badgers.

B5 The work involved will [Describe works] and will involve the use of [Describe any machinery that will beused].

Either:

In order to minimise the disruption caused, we propose to [Describe mitigation]. We should be grateful foryour agreement that it would be acceptable to proceed on this basis, and we would appreciate any commentson the methodology or any additional advice that you can offer us.

Or:

We should be grateful for your advice on the measures to be taken to minimise the disruption to badgers. Thework is programmed to start on [Add date] and a reply by [Insert date] would be appreciated so that we caninform our contractors of any measures you suggest.




d

Concrete mix

All Dimensions are in millimetres

d/2

d/2

1800

1800

700

100

350

400

1300

WOODEN POST AND 3 RAIL FENCE

3 RAIL FENCE

Backfill

+50

Chain link netting (probably plastic coated)stapled to timber fencing.

Lower 300mm - 500mm of chain linkdug into the ground and turned away fromthe road.

ANNEX C

DRAWINGS

C/1

Annex CDrawings

C1: Fencing

(to extend full lengthof fence line)

Chain link netting (preferably plastic coated)stapled to timber fencing.

Lower 300mm - 500mm of chain link duginto the ground and turned away from theroad.

Hole diameter should be in the range20 - 40mm ideally, but no greater than50mm under any circumstances.




WOODEN POST AND 4 (OR 5) RAIL FENCE

Concrete mix

4 RAIL FENCE

All Dimensions are in millimetres

Posts75 x 150 x 2100 long

300 sq

(min)

400

350

700

225

225

1800

1800

250

250

700

100

350

400

1300

Chain link netting (probably plastic coated)stapled to timber fencing.

Lower 300mm - 500mm of chain linkdug into the ground and turned away fromthe road.

Annex CDrawings

C/2

C2: Fencing

Welded mesh stapled to timber fencing.

Lower 300mm - 500mm of chain link duginto the ground and turned away from theroad.

For chain link or welded mesh, 2.5mmguage is recommended.




C/3

Annex CDrawings

410mm x 50mm x 50mm

305mm x 50mm x 25mm(bar in position allowing one way movement)

368mm x 215mm x 12mm(Marine Ply)

150mm x 75mm(Window with wire mesh)

215mm x 202mm x 12mm(Marine Ply added for extra weight)

255mm x 102mm x 25mm(Marine Ply)

255mm x 12mm(Copper pipe with 2 pipe brackets)

635mm x 50mm x 50mm

Ground Level

25mm

150mm

C3: Badger Gate




ANNEX D

ILLUSTRATIONS

D/1

Annex DIllustrations

Bad practice

Tunnel entrance is flush to fencing. Badgersmay simply walk past without knowing tunnelexists.

D1: Siting

Good Practice

Tunnel entrance is located in recess in the fencing. Badgers are guided to the entrance.





D/2

Bad Practice

Waterlogged ground at tunnel entrance will deter badgers.

Bad Practice

Tunnel is set away from fence and below it. Badgers are unlikely to find entrance.Even if they do, they are unlikely to associate it with a means of crossing the road.

D2: Siting




D/3


Bad practice

Fencing is not continuous.Note: inappropriate square netting has alsobeen used.

Bad practice

Gap has been left between fenceline andrailings on pedestrian footbridge.

D3: Implementation





D/4

Bad practice

Lack of hard base allows badgers to digunder gate. This is now a two-way accesspoint.

Bad Practice

Gate has been set too high. Even if badgers realise gate is an access point, they would have tojump to get through.

D4: Implementation




D/5


Bad Practice

Netting has not been buried to sufficient depth to prevent underdigging by badgers.

Bad practice

Netting has not been buried to sufficientdepth to prevent underdigging bybadgers.

D5: Implementation





D/6

Good Practice

Concrete plinth under gate prevents badger access.

Bad Practice

Gap below access gate in exclusion fencing allows badgers easily to pass through.

D6: Implementation




D/7


Bad Practice

Contractors' compound has been sited across exit from badger tunnel. This negates the entirepurpose (and expenditure incurred) of providing the tunnel.

Bad Practice

Duplication of 'specialist' fencing increases cost. A combined fence would have been moreappropriate. Note: double fenceline also causes visual clutter.

D7: Value for Money





D/8

Good practice

Simple ledge under river bridges canprovide safe crossing point.

Good practice

Stile has been thoughtfully designed toallow badger fencing to be used.

D8: Coping with Highway Features




ANNEX E

REFERENCES

E/1

Annex EReferences

Problems with Badgers? (3rd Edition 1994) - RSPCA

Badgers in Woodlands: Forest Record 103 - Forestry Commission

The Natural History of the Badger by Ernest Neal - Helm Mammal Series (updated version with Chris Cleesmannow published)

Provisions for badgers against Traffic 1990 - Verenging Dast Boom

The Badger: Report to the Standing Committee of the Convention on the Conservation of European Wildlife andNatural Habitats - Council of Europe T-PVS (93)18

Home Office Circular No 100/1991

Investigation of badger setts using soil resistivity measurements by J Butler, T J Roper and A J Clark - J Zool(1994) 232 409-418

Species Conservation Handbook - English Nature

Badgers: Guidelines for Developers - English Nature

The Guide to Artificial Badger Setts - National Federation of Badger Groups




ANNEX F

USEFUL ADDRESSES

F/1

Annex FUseful Addresses

English NatureLicensing SectionNorthminster HousePETERBOROUGHPE1 1UA

Institute of Ecology and Environmental Management36 Kingfisher CourtHambridge RoadNewburyBERKSHIRERG14 5SJ

The Mammal Society15 Cloisters Business Centre8 Battersea Park RoadLONDONSW8 4BG

The National Federation of Badger Groups15 Cloisters Business Centre8 Battersea Park RoadLONDONSW8 4BG

RSPCACausewayHorshamWEST SUSSEXRH1Z 1HG

Vereniging Das & BoomAssociation for the Preservation of the Mustilidae and their habitat in the NetherlandsRijksstraatweg 174-1786573 DG Beek-UbbergenHOLLAND

Documents

HA 59/92 - Standards for Highways€¦ · HA 59/92 Incorporating Amendment No. 1 dated February 1997 Mitigating Against Effects on Badgers DESIGN MANUAL FOR ROADS AND BRIDGES THE